Monthly Archives: February 2011

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The above real, cosmetic, a toothless tiger, commonly abused by all and sundry and ill enforced by UN member states or worst those who have the veto power?

Just to remind those who think they are above condemnation in the new world of international law and relations where there are criminal courts, war crimes tribunal, where sanctions can be imposed to freeze all deposits and assets both legitimate and from ill gotten gains!

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”

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PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

I amÂ deeply saddened and hurt at the level of hypocrisy deception and deceit in Malaysia!

I am shocked at the level of sheer insensitivity that we show to our fellow Malaysians who have been â€˜part and parcelâ€™ of the Malaysian family!

Remember it was not the 21st century Arabs, the Africans, the Caucasians, the Bangladeshi, the Pakistanis and others who are ‘Johnys/Janes come lately’Â products ofÂ ‘Malaysia my second home’ or ‘business cum marriages’ who contributed to nation building pre and post independence but the people we are tagging in this vulgar book – which is masquerading as educational tool rather than what it really is – a racist publication!

I am flabbergasted at the sheer hypocrisy of some who show they love others hundreds of thousands of miles away but show careless disregard to their immediate Malaysian neighbor in need or hurt!

Lie, more lies, misrepresentation, betrayal, deception, slander and we think that the rest of the human race is in ‘political and administrative comatose’ as we are!

Truly, we are specialist at doublespeak – a skill we do with such perfection even without blinking an eye lit!

Even if we do not have the skills today we import it and pay millions for this outsourced service!

How else can we reconcile or interpret our statements in international fora with what is happening right before our eyes?

We preach to others but are we practicing?

You do not have to answer that – We all know the answer!

If we are really honest to ourselves – the first thing we would do is withdraw that controversial and repulsive vulgar book called Intelok!

This is not about winning or losing but doing the right thing!

If we do not then by all yardstick of universal norms – we are all but hypocrites and pathological liars preaching at international fora but not adopting these universal standards domestically?

Let us look at the facts:

If the following are the said guidelines as highlighted by my learned friends why is the said controversial book â€˜Intelokâ€™ not immediately withdrawn as a teaching text?

1. Firstly and more specifically â€œSensitive Elements and Negative elementsâ€ such as stipulated below MUST NOT be included:â€œMatters which may be misconstrued, discriminatory, deemed insulting or offensive as pertaining to race, religion, culture, gender age or occupation.â€â€œMatters pertaining to attitudes, thoughts, and behavior which are contrary to values in the societyâ€

The book in fact abounds with a multitude of such sensitive and negative elements to the extent that it has been referred to as â€œa classic work of Malaysian racismâ€.

2. Other matters that MUST BE observed include the inculcation of â€œnoble values and positive thinkingâ€.
The ethnic and racial stereotyping that runs through the entire work totally negates and ignores this guideline.

3. The factual material must be â€œaccurate in content and be consistentâ€ The facts must be â€œvalid based on ICT methods and must be reliable in theory and practiceâ€.

The work is a fictional and imaginative novel and therefore these dimensions do not apply in the first place.

4. An important dimension repeatedly emphasized the need for critical thinking provisions stated as follows:
This should be â€œthe platform for teaching and learning so as to stimulate and develop pupilâ€™s imagination through thinking strategies and creative thinkingâ€.

The book makes no attempt whatsoever to adhere to this guideline.

Does not common decency, ethics, and our adherence to rich religious teaching move us to take a collective decision to withdraw the said racist book which stereotypes and racially profiles Malaysian Indians?

We cannot have it both ways!

We cannot tell the United Nations, Washington, London, Paris, Brussels, Canberra, Delhi and Chennai and the rest of the worldâ€™s capitals one thing and do just the opposite!

‘So why are we making political statements that are hurting, upsetting and further dividing constituencies.

Why the stupid â€˜political sandiwaraâ€™ of enticing crossover just prior to such events which is unproductive, why the hate leaflets, why the fabricated posters, allegations, political write ups by columnist who think they know just about anything â€“ than â€“ they should come out and stand for elections for the political party which owns the said newspaper!’ – Dr Jacob George

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BYELECTION – BN TO WIN BOTH SO CUT THE SPIN AND POLITICS OF HATE!

If you thought that events in West Asia would have jolt the minds of Malaysian politicians, spin masters, political columnists and certain â€˜bloggers for hireâ€™ â€“ you thought wrong!

Nothing has changed instead some politicians still make stupid and callous statements forgetting that no prize is worth its weight if ultimately you only further fragment an already fragmented and polarized society in the name of wining elections or worst inconsequential by-elections!

Worst, when you leave a constituency post election all messed up and wanting political reconciliation!At each by-election which is inconsequential because the political landscape will not change nationally or for that matter in the said state under the incumbents!

So why are we making political statements that are hurting, upsetting and further dividing constituencies.

Why the stupid â€˜political sandiwaraâ€™ of enticing crossover just prior to such events which is unproductive, why the hate leaflets, why the fabricated posters, allegations, political write ups by columnist who think they know just about anything â€“ than â€“ they should come out and stand for elections for the political party which owns the said newspaper!

One politician has already stated that he will not move away from the â€˜politics of developmentâ€™ for that state â€“ but â€“ can he honestly state why then after the decades of his tenure his state is the poorest in the country?

And we need to know who are the â€˜real beneficiariesâ€™ of that â€˜development?â€™

In another state it is rumored that the result of the by-election is a forgone conclusion with the incumbents winning without an iota of doubt but none the less the sayings on the ground is that a hype and political propaganda is being created because of the political desire of one wanting to challenge for the party post to be the deputy president and by that position the deputy premier?

If this is indeed true â€“ then â€“ where is the desire to govern righteously in accordance with the virtues of accountability, good governance, transparency, ethics and rule of law?

If ultimately it is all about personal and private interests and not that of voters the misled sheep going on to slaughter irrespective who they vote for?

This is not the first time I have addressed issues pertaining to Air Asia and certainly not the last!

It is embarrassing that the powers that be are so slow in addressing issues and grievances against this organization!

In fact â€“ several months ago a MP at Parliament had also shared with me his anger and grievances but failed to give me the documentation that I asked for!

As a senior lawyer, he should know that documentation is important!

Today we publish another letter sent to Air Asia which has yet to be addressed in a consumer friendly manner!

As such the said consumer approaches me for assistance!

This is the said letter Tony Fernandez so that you can sack a few individuals in your organization who have failed to protect the rights, interests of consumers and at the same time watch over your global brand!

â€˜Dear Dr Jacob George,

I recently booked air tickets via Air Asia Online Booking. The correspondence with Air Asia is shown below.

Today I booked another air ticket via Air Asia Online Booking. I can now confirm that it was an error in the Online Booking System that cost me RM 270.00 to change my flight schedule in my earlier booking. Please see the screen shots in the attached file.

Air Asia refused to refund to me the RM270.00 for a mistake created by their Online Booking System.

Can you help me?

Thank you.

WCM

This is the original letter sent to Air Asia!

â€˜Dear Sir/Madam

Good morning and Happy New Year.

My name is WCM. I had booked online a return flight from Kuala Lumpur to Kota Kinabalu for 3 persons between 12.30am and 1.00am this morning. The Booking Number is S2HJNL.

The first time I booked it, I realized after I have made the payment via Credit Card that the outbound date was 3rd April 2011 and not 30th April 2011 as intended.

So I quickly changed it to the 30th April 2011.

For this I was charged a total of RM270.00.

I was very sure that I selected 30th April 2011 because when I clicked on the Date ofÂ Departure, the Date Drop list appeared with the number 30 showing just above the Date field. How it changed to 3, I had no idea. Of course, I take responsibility for not reviewing the booking thoroughly before confirming the payment.

I can only appeal to your good office to reverse this service charge of RM270.00 or whatever amount deemed fit to cushion this unnecessary payment.

If it helps to say that I have also booked the same flight at an earlier date for 3 other persons. The booking number is F7UP8T.

I travel this route 2-3 times a year on Air Asia. I spent about 5 minutes with your Premium Customer Care Line this morning of which I had to pay RM10.00 for the call only to be advised to write in.

I hope to receive a favorable reply from you to start the New Year on the right note.

â€˜As far as I am concerned, I am certain the time is right for the third wave in the selection of new independent faces (not businessmen, spin masters an twitter politicians) to represent the community at state and federal level, as Senators which includes in portfolios addressing community woes!

It cannot be â€˜business as usual!â€™

And the events the world over which includes the presence of lobbying for holistic change by well educated and robust Malaysian Indians in the UK, the European Parliament, in the Indian sub-continent and with US political and lobbyist communities are making significant changes which must be addressed!

The game has changed!â€™ â€“ Dr Jacob George

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NAJIB URGED TO REMOVE SELF SERVING INDIAN LEADERS! (Part 2)

My team and I want to thank the numerous individuals who called, emailed and SMS me on the thoughts in the blog last night!

The operative word was â€“ â€˜They do not represent us â€“ period! Well said about time too!â€™

But I want to continue to address the issue from the onset!

Who are these people who are claiming to the BN government that they are serving our (Indian) interest?

How are the same recycled individuals who were the furniture of the old order still recommended to sit in portfolios addressing Indian woes?

Who is making the recommendation and why?

Just because you set up a political party or are a part of the coalition does it mean you hold the monopoly on the rights, interests and needs of a community and directions that needs to be taken?

Or are fabricated figures of party membership the criterion?

The present status quo cannot continue where recycled and overstaying fat cats of Malaysian politics are continuing to make demands and dictating the form and essence of the said community without first checking with them!

If they really had the interest of the community at heart we would not see cronyism, nepotism and the self serving continue all these decades!

Most importantly and put simply – the community will not be in the annals of the present struggle of having to protest and back pedal shamelessly against the idiotic publication of a racist book called â€“ â€˜Interlok’ which has got its history and sociology wrong in much the same that a religious head, local preacher and motivator got his/her facts wrong about St Valentine’s Day and its supposed connection to Christianity!

The latter has yet to apologize while the TV Station has issued an unreserved apology!

We cannot and must not be bullied into submitting to racial stereotyping because those who claim they represent us are in political comatose fearful to scream out the aspirations of a community fearing losing their political positions!

I asked these 3 former politicians of the old order â€“ whom I met last night on what their feelings are on the future, present leadership woes, undercurrents, possibility of new challenges and groupings in the very near future?

All three who benefited and still do – had the audacity to say â€“ â€˜he should not have overstayed!â€™ – Now further damage is irreversible!

â€˜The present man is weak and trying to accommodate all which includes the self servers and that will damage him!â€™

Facts or are they echoes of disloyalty?

As far as I am concerned, I am certain the time is right for the third wave in the selection of new independent faces (not businessmen, spin masters or Twitter politicians) to represent the community at state and federal level, as Senators which includes in portfolios addressing community woes!

It cannot be â€˜business as usual!â€™

And the events the world over which includes the presence of lobbying for holistic change by well educated and robust Malaysian Indians in the UK, the European Parliament, in the Indian sub-continent and with US political and lobbyist communities are making significant changes which must be addressed!

The game has changed something overstaying fat cats and businessmen politicians cannot understand!

From what I can gather in my many visits abroad and with personalities in the Indian leadership in Delhi and Tamil Nadu many dislike certain â€˜individualsâ€™ who have given the representation that they are the face, alto ego and voice of Malaysian Indians!

How can one be the face and voice of the Malaysian Indians when one has been rejected and others only survived because they were in â€˜safe seats?â€™

The next round will be challenging indeed!

Finally – an appeal to Premier Najib to set up a parallel quota for new faces to be included in the forum of representing the Indian community and to remove political pretenders and self servers!

OVER 200 POLICE REPORTS TO BE INITIATED AGAINST TWITTER ACCOUNT HOLDER FOR SEDITION & DEFAMATION! A troll masquerading as a journalist decides to launch a twitter account under the ‘banner of justice’ whose per-occupation seems to be indulging in personal … Continue reading →